[WhiskeyPapa]

"If at any time, the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so. That question depends on political considerations, on which the legislature is to decide; until the legislative will be expressed, this court can only see its duty, and must obey the laws." Chief Justice Marshall, Ex parte Bollman & Swartwout, 4 Cranch 75, (1807)

Congress could not delegate the courts (nor the President) a power that was delegated to them. Chief Justice Roger B. Taney cited that decision in his case on habeas corpus,

This is good stuff, and I wouldn't be at all surprised if it did not form the basis for Chief Justice Rhenquist using the term "authoritatively" in his 1999 remarks, so thanks for this.

The fact remains that the Supreme Court did not rule on Lincoln's actions, and that Congress passed a "Habeas Corpus" act in 1863.

Probably how one reacts to this dueling sources between Taney and Rhenquist comes down to how one feels about the United States. If you love the United States, you support Rhenquist's ideas, if you hate the United States, Taney's interpretation might be more to your liking.

Walt

[4CJ]

If Lincoln, congress, or any other body had disagreed with Taney's decision, they certainly were within their right to carry it higher on appeal. As it stands, it's evidence once Taney spanked Lincoln publicly, Lincoln got his feelings hurt and disregarded the decision - evidence again of his disdain for the Constitution. And with that disdain it destroys any claims of Lincoln being a man of principle and convictions.

Probably how one reacts to this dueling sources between Taney and Rhenquist comes down to how one feels about the United States. If you love the United States, you support Rhenquist's ideas, if you hate the United States, Taney's interpretation might be more to your liking.

Who died and made you God?  All hail, Walt, mindreader extraordinaire!  Anyone who agrees with Justice Marshall's opinion that congress cannot delegate authority to suspend the writ of habeas corpus is now anti-American.  Can't argue with facts, so you resort to accusations?  I flew the US flag long before 11 Sep 2001, and still do today.  BTW, his name is spelled R-e-h-n-q-u-i-s-t, as in William H. Rehnquist.